Nevada Marijuana Laws: FAQ

Nevada has led the nation in legalizing marijuana for recreational use,
and its system of legal cannabis has been viewed as a marked success by
other states and lawmakers considering similar legislation. Although cannabis
is legal here in Nevada, that doesn’t mean its use is unrestricted
or that there aren’t any laws. Marijuana is carefully regulated
in a number of ways – and it’s important to know the laws
in order to possess and use cannabis responsibly without risking consequences.

At Joey Gilbert Law, we work with many clients throughout Reno and Northern
Nevada who have questions about Nevada’s marijuana laws –
including individuals who were arrested and charged with crimes for not
understanding or obeying those laws. To help you learn more about how
legal pot works in Nevada, we’ve answered some frequently asked
questions below.

Who’s allowed to purchase marijuana in Nevada?

By passing Question 2, Nevada voters approved recreational marijuana for
adults age 21 or older. Just as there are laws prohibiting minors under
21 from purchasing or possessing alcohol, there are also laws that do
the same for recreational cannabis. While adults between the ages of 18
to 20 can’t buy recreational marijuana, they can purchase medicinal
cannabis legally if they have a valid medical marijuana card – even
one issued in another state. In some cases, minors under 18 may also qualify
for a medicinal license if their parent or guardian signs a release form
and agrees to act as the child’s primary caregiver.

How much marijuana does the law say I can have?

Adults 21 and older who purchase recreational marijuana are allowed to
have up to 1 ounce of cannabis flower, and up to 1/8 of an ounce of concentrate.
Having more than this amount in your possession for personal use could
result in a misdemeanor and fine.

Where am I able to get marijuana?

Nevada law requires all recreational cannabis to be purchased at a licensed
and taxed facility. There are recreational dispensaries throughout the
state, with most located in Clark County, Washoe County, and Carson County.
State laws also permit the gifting of marijuana to another adult 21 years
of age, provided that the amount gifted does not exceed one ounce of flower
or 1/8 of concentrate, and no money or remuneration is exchanged. Gifting
more than this amount, accepting payment, or gifting marijuana to a minor
can result in criminal repercussions.

Where can I use marijuana in Nevada?

In Nevada, cannabis is for private use only. It is therefore against the
law to smoke in public places, on federal land, or in a motor vehicle.
While there may be lax stances on marijuana consumption in certain places,
and future plans for marijuana resorts in places like Las Vegas, it is
best to consume any marijuana in the privacy of your own home so as not
to risk criminal consequences. Violating public consumption laws in Nevada
can result in misdemeanor charges, fines, and other penalties.

Is it legal to drive after consuming marijuana?

It is a crime to drive under the influence or marijuana in Nevada, and
a conviction carries serious penalties that include fines, driver’s
license suspension, and possible terms of imprisonment, among others.
Although there is debate over the legal limit used to determine when a
driver is definitively too high to drive (15 nanograms per ml of marijuana
metabolite for urine or 5 nanograms per ml of blood), law enforcement
officers still have the ability to make arrests if they believe a motorists’
driving abilities have been impaired.
Marijuana DUI is a serious crime, which is why driving after consuming cannabis should
be avoided, and why anyone facing the charge should seek the help of experienced
criminal defense lawyers.

Can I transport marijuana legally?

Because marijuana must be purchased at a licensed and taxed dispensary,
Nevada law does allow for the transporting of marijuana. When transported
in a vehicle, cannabis must be stored in a sealed container away from
the driver and any passengers under 18. Failure to abide by this law could
result in an “open container” citation and fine, or a more
serious citation if minors are present. While transporting cannabis is
legal, transporting across state lines could result in a crime.

Can I still be charged with a marijuana-related crime in Nevada?

Yes. Even though marijuana is legal in Nevada, there are still many ways
individuals can be charged with crimes. Examples of these crimes include:

Marijuana DUI

Possession of more than 1 ounce of flower or more than 1/8 ounce of concentrate

Sale or delivery of marijuana

Sale to a minor

Cultivation of 12 plants or more

Sale of marijuana paraphernalia to a minor at least 3 years younger

These crimes can result in misdemeanor or felony charges, as well as serious
penalties depending on the facts involved. It is also important to note
that because marijuana is still illegal under federal law, individuals
may be charged with
federal crimes for certain offenses that violate federal laws, including trafficking
marijuana across state lines. Attorney Joey Gilbert recently discussed
the federal government’s
regulation of cannabis in a published article.

More Questions? Call (775) 574-4774 for a FREE Consultation!

If you have additional questions about marijuana laws in Nevada, or wish
to discuss a recent citation or criminal charge involving cannabis, our
Reno criminal defense lawyers at Joey Gilbert Law are available to help!
Call (775) 574-4774 24/7 to speak with a member of our team.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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